Draft/Sample

DEED OF CONVEYANCE

THIS INDENTURE OF SALE made this day of_____________________,

TWO THOUSAND AND ___________ (20 )

BETWEEN

(1 ) SMT. DIPTI DUTTA ( PAN NO. ADYPD 8607R), Wife of Mr. Sidharth
Narayan Dutta, by religion – Hindu, by occupation – Retired, by Citizen –
Indian, residing at FD -7, Flat No. – 3, Sector –III, Salt Lake City, P.O.
Bidhannagar IB Market, Police Station – Bidhannagar (South), Kolkata –
700 106, (2) SMT. ANURUPA ACHARYYA (PAN NO. AJVPA 5328 D), Wife of
Late Anupam Acharjya, by occupation – Household duties, 2A) SRI.
ANIRBAN ACHARYA (PAN NO. AJVPA 5366 M), son of Late Anupam
Acharyya, by occupation – Business, both residing at Village –
Khasmallick, Post Office – Dakshin Gabindapur, Police Station – Baruipur,
Kolkata – 700 145, District – 24 Paraganas (South), both by faith – Hindu,
both by Citizen – Indian, represented by their Constituted Attorney MR.
BIKRAM KUMAR SARAF (PAN: AVRPS6829B), Son of Mr. Binode Kumar
Saraf, by faith Hindu, by Occupation- Business, Residing at 1, Jubliee
Park, Flat No: 3N, Block-3, Police Station – Jadavpur, Post Office
Tollygunge, Kolkata 700 033, hereinafter called the “OWNERS” (which
expression shall unless excluded by or repugnant to the context shall be
deemed and mean to include their heirs, executors, legal representatives,
administrators and assigns) of the FIRST PART .

AND

………………………………………………………………………………….., hereinafter
(jointly) referred to as the “PURCHASER ” (which expression shall unless
excluded by or repugnant to the subject or context be deemed to mean and
include their respective heirs executors, administrators, representatives and
assigns) of the SECOND PART

AND

M/ s I- RED PROJECTS LIMITED (PAN AABCI 9260 J), a company within

the meaning of the Companies Act, 1956 and having its registered office at 6,
Puran Chand Nahar Avenue, Post Office- Dharmatala, Police Station- Taltala,
Ko lkata- 700013, represented by its Director MR. BIKRAM KUMAR SARAF
( PAN AVRPS6829B ), Son of Binode Kumar Saraf, by faith- Hindu, by
occupation- Business, residing at 1, Jubilee Park, Flat No. 3N, Block-3, Police
Station -Jadavpur, Post Office- Tollygunge, Kolkata 700033, West Bengal ,
hereinafter referred to as DEVELOPER (which expression shall unless
excluded by or repugnant to the context shall be deemed and mean to include
its administrators, successors-in-interest and assigns) of the THIRD PART.
 2

WHEREAS :

1. ALL THAT piece and parcel of land in Khatian Nos.656/1 and 658/1,
Dag Nos.223, 222, 221, 225 and 214/875 under Mouza – Khasmullick,
J.L. No.35, R.S. No. 190, within Sub-Registration office – Baruipur, Police
Station – Baruipur, in the District of 24 Paraganas (South) was owned by
one Sarasi Mohan Mahinta, Son of Late Kali Mohan Mahinta, who
purchased undivided land measuring 27 Decimal equivalent to 16
Cottahs 5 Chittacks 37 Sq.ft. from the same Khatians and Dags from Co-
Owners namely 1) Sailendra Kumar Roy Chowdhury, 2) Dwijendra Kumar
Roy Chowdhury, 3) Sachindra Kumar Roy Chowdhury, 4) Nirmalendu Roy
Chowdhury, 5) Kamalendu Roy Chowdhury, by virtue of Deed of
Conveyance dated 31 st October, 1958 registered in Baruipur Sub-
Registration Office and recorded in Book No. I, Volume No. 94, Pages
from 17 to 24 being No.8219 for the year 1958.

2. The said Sarasi Mohan Mahinta by another Deed of Conveyance dated

31 st October, 1958 registered in Book No.I, Volume No.83, Pages from
244 to 252 being No.8228 for the year 1958, in the Baruipur Sub-
Registration Office purchased undivided land measuring 29 Decimal
equivalent to 17 Cottahs 9 Chittacks 9.5 Sq.ft. from the same Khatians
and Dags from co-Owner namely Nirod Lal Roy Chowdhury, Saroj Kumar
Roy Chowdhury, Nihar Lal Roy Chowdhury, Chittaranjan Roy Chowdhury,
Monoranjan Roy Chowdhury, Sukumar Roy Chowdhury, Sanat Kumar
Roy Chowdhury and Sisir Kumar Roy Chowdhury.

3. The said Sarasi Mohan Mahinta by another Deed of Conveyance dated 7 th

November, 1958 registered in Book No.I, Volume No.89, Pages from 174 to
181 being No.8348 for the year 1958, in the Baruipur Sub-Registration
Office purchased undivided land measuring 19 Decimal equivalent to 11
Cottahs 8 Chittacks 11 Sq.ft. from the same Khatians and Dags from co-
Owners namely Manick Lal Mitra, Molin Chandra Mitra, Deb Kumar Basu,
Manas Kumar Basu, Tapas Kumar Basu and Swapan Kumar Mitra.

4. The said Sarasi Mohan Mahinta by another Deed of Conveyance dated

14 th November, 1958 registered in Book No.I, Volume No.92, Pages from
167 to 177, being No.8423 for the year 1958, in the Baruipur Sub- Registration
Office purchased undivided land measuring 38 Decimal equivalent to 23 Cottahs
0 Chittack 22 Sq.ft. from the same Khatians and Dags from co-Owners Sashindra
Kumar Roy Chowdhury, Durga Charan Roy Chowdhury, Probodh Kumar Roy
Chowdhury, Amal Kumar Roy Chowdhury, Acchudananda Roy Chowdhury,
Samarendra Kumar Roy Chowdhury, Sajalendra Kumar Roy Chowdhury,
Sabalendra Kumar Roy Chowdhury.

5. Tthe said Sarasi Mohan Mahinta by another Deed of Conveyance dated

19 th January, 1959 registered in Book No.I, Volume No.17, Pages from
102 to 111, being No.503 for the year 1959, in the Baruipur Sub-
Registration Office purchased undivided land measuring 41 Decimal
equivalent to 24 Cottahs 13 Chittacks 26 Sq.ft. from the same Khatians
and Dags from co-owners Anil Kumar Roy Chowdhury, Molin Kumar Roy
Chowdhury, Lalit Kumar Roy Chowdhury, Ashoke Kumar Roy
Chowdhury, Sushil Kumar Roy Chowdhury, Aloke Kumar Roy
Chowdhury, Ashim Kumar Roy Chowdhury, Rabindra Kumar Roy
Chowdhury.

6. The said Sarasi Mohan Mahinta by another Deed of Conveyance dated

11 th March, 1959 registered in Book No.I, Volume No.81, Pages from 1 to
9, being No.6603 for the year 1959, in the Baruipur Sub-Registration
Office purchased undivided land measuring 6 Decimal equivalent to 3
Cottahs 10 Chittacks 8 Sq.ft. from the same Khatians and Dags from Co-
 Owners Dipak Kumar Roy Chowdhury, Sailendra Roy Chowdhury, Sarat
Kumar Roy Chowdhury, Prafulla Kumar Roy Chowdhury, Arun Kumar
Roy Chowdhury, Prabhat Kumar Roy Chowdhury, Srimati Naba Nalini
Dasi.

7. The said Sarasi Mohan Mahinta by another Deed of Conveyance dated 3 rd

June, 1959 registered in Book No.I, Volume No.63, Pages from 170 to 171,
being No.5170 for the year 1959, in the Baruipur Sub-Registration Office
purchased undivided land measuring 1 Decimal equivalent to 9 Chittacks
31 Sq.ft. from the same Khatians and Dags from co-owner Ram Narayan
Roy.

8. The said Sarasi Mohan Mahinta by another Deed of Conveyance dated 27 th

June, 1959 registered in Book No.I, Volume No.96, Pages from 258 to 265,
being No.8738 for the year 1959 registered in the Baruipur Sub-
Registration Office purchased undivided land measuring 10 Decimal
equivalent to 6 Cottahs 0 Chittack 44 Sq.ft. from the same Khatians and
Dags from co-owners Hirendra Kumar Roy Chowdhury, Sudhangshu Kumar
Roy Chowdhury, Satyendra Kumar Roy Chowdhury, Sudhindra Kumar Roy
Chowdhury, Srimati Gouri Mitra, Srimati Usha Mitra.

9. The said Sarasi Mohan Mahinta purchased 30 Decimal equivalent to 18

Cottahs 2 Chittacks 41 Sq.ft. of undivided land from the same khatians and
same Dags from different co-owners in accordance with the their share
namely 1) Arun Kumar Roy Chowdhury, 2) Sm. Naba Nalini Roy Chowdhury,
3) Probodh Kumar Roy Chowdhury, 4) Dipak Roy Chowdhury, 5) Sailendra
Kumar Roy Chowdhury, 6) Profulla Kumar Roy Chowdhury, 7) Sarat Kumar
Roy Chowdhury, 8) Umesh Chandra Ghose,
9) Krishnadhan Ghose, 10) Sachindra Chandra Ghose, 11) Bireswar
Chandra Ghose, 12) Gobardhan Chandra Ghose, 13) Kishore Chandra
Ghose, 14) Kamal Chandra Ghose, 15) Indu Madhab Ghose, 16) F.C.
Ghosh, 17) Balaram Chandra Ghosh, 18) Rupendra Chandra Ghose, 19)
Bijan Chandra Ghose, 20) Jharna Bala Ghose, 21) Sunil Chandra Ghose,
22) Radhagobinda Ghose, 23) Subhash Chandra Ghose, 24) Sushil
Chandra Ghose, 25) Saroj Basini Ghose, 26) Samarendra Chandra Ghose,
27) Sukhen Chandra Ghose, 28) Sailen Kumar Roy Chowdhury, 29) Mihir
Roy Chowdhury, 30) Probir Roy Chowdhury, 31) Balaram Roy
Chowdhury, 32) Satyendra Nath Roy Chowdhury, 33) Ranjit Kumar Roy
Chowdhury, 34) Nemai Kumar Roy Chowdhury, 35) Asrumoyee Roy
Chowdhury, 36) Tarubala Roy Chowdhury, 37) Krishnalal Roy
Chowdhury, 38) P.C. Roy Chowdhury, 39) Somendra Kumar Roy
Chowdhury, 40) Rabindra Kumar Roy Chowdhury, 41) Monoj Kumar Roy
Chowdhury, 42) Kanoj Kumar Roy Chowdhury, 43) Santosh Kumar Roy
Chowdhury, 44) Sm. Renuka Bala Roy Chowdhury, 45) Benoy Krishna
Roy Chowdhury, 46) Amar Krishna Roy Chowdhury, 47) Gobinda Krishna
Roy Chowdhury, 48) Sunil Lal Roy Chowdhury, 49) Panchulal Roy
Chowdhury, 50) Samir Kumar Roy Chowdhury, 51) Anath Nath Roy
Chowdhury, 52) Sm. Krishna Benodini Dasi, 53) Sm. Nalini Balal Dasi,
54) Sm. Kamalini Dasi, 55) Sm. Nalini Bala Dasi, 56) Radhanath Roy
Chowdhury, 57) Gopinath Roy Chowdhury, 58) Brojendra Nath Roy
Chowdhury, 59) Patit Paban Roy Chowdhury, 60) Nabindra Kumar Roy
Chowdhury and 61) Pitambar Roy Chowdhury.

10. By virtue of such purchases the said Sarasi Mohan Mahinta has acquired
absolute right title and interest in the total land measuring 2.08 Acre
equivalent to 126 Cottahs 0 Chittack 44 Sq.ft. of land .

11. By a Deed of Conveyance made on 30 th day of May, One thousand nine

hundred eighty the said Sarasi Mohan Mahinta sold transferred and
conveyed free from all encumbrances ALL THAT piece and parcel of land
 measuring 2.08 Acres more or less in Khatian No.656/1 and 658/1, Dag
Nos.223, 222, 221, 225 and 214/875 of Mouza Khas Mullick, J.L. No. 35,
R.S. 190 within S.R. Office Baruipur, Police Station – Baruipur, District –
24 Paraganas (South) to 1) Srimati Binapani Acharjya, wife of Late Brojendra
Mohan Acharjya, 2) Srimati Anurupa Acharyya, Wife of Late Anupam Acharjya, 3)
Kumari Anindita Acharjya, the then minor, 4) Kumari Aparajita Acharjya, the
then minor, 5) Anirban Acharjya, the then minor all minors were daughters and
son of Late Anupum Acharya, all minors represented therein by their Natural
Guardian Smt. Anurupa Acharyya, The said Deed of Sale was registered in the
office of the Alipore South 24 Paraganas and recorded in Book No. I, Volume
No.140, Pages from 76 to 87 being No.4360 for the year 1980.

12. It was found that there were certain mistakes of the principal Deed of Sale
dated 30.05.1980 and the said 1) Srimati Binapani Acharjya, wife of Late
Brojendra Mohan Acharjya, 2) Srimati Anurupa Acharyya, Wife of Late
Anupam Acharjya, 3) Kumari Anindita Acharjya, the then minor, 4) Kumari
Aparajita Acharjya, the then minor, 5) Anirban Acharya, the then minor all
minors were daughters and son respectively of Late Anupum Acharjya, all
minors represented therein by their Natural Guardian mother Smt. Anurupa
Acharyya, had executed a Deed of Declaration on 14 th day of August, 1986 to
the effect that the Principal Deed dated 30.05.1980 should be declared and
corrected to the effect that in the schedule in the Principal Deed for the
Khatian No.658/1 the words Khatian No.656/1 and for the words 224/875,
the words 214/875 should be substituted and read and the correct schedule
of the Principal Deed stood as under ALL THAT piece and parcel of land
measuring 2.08 Acres more or less in Khatian No. 656/1, Dag Nos.223, 222,
221, 225 and 214/875 of Mouza Khas Mullick, J.L. No. 35, R.S. 190 within
S.R. Office Baruipur, Police Station – Baruipur, District 24 Parganas
(South). The said Deed of Declaration was registered in the office of the
District Sub- Registrar at Baruipur and recorded in Book No.I, Deed No
15529 for the year 1986.

13. By a Deed of Indenture made on 31 st day of May, 1991, the said 1)

Srimati Binapani Acharjya, wife of Late Brojendra Mohan Acharjya, 2)
Srimati Anurupa Acharyya, Wife of Late Anupam Acharjya, 3) Kumari
Anindita Acharjya, the then minor, 4) Kumari Aparajita Acharjya, the
then minor, 5) Anirban Acharya, the then minor all minors were
daughters and son respectively of Late Anupum Acharjya, sold
transferred and conveyed free from all encumbrances ALL THAT
demarcated piece or parcel of land measuring 3 (Three) Cottahs 23
(Twenty Three) Sq.ft. comprising Mouza Khas Mallick, Pargana
Madanmolla, Touzi No. 250, R.S. No.190, J.L. No. 35, in R.S. Khatian No.
656/1, Police Station – Baruipur, District South 24 Parganas, Sub-
Registrar of Baruipur to Smt. Dipti Dutta, the Owner No.1 hereinabove
.Wife of Mr. Siddharth Narayan Dutta, at and for valuable consideration as
mentioned in the said of Indenture. The said Deed of Indenture was
registered in the office of the Sub-Registrar at Alipore and recorded in
Book No.I, Volume No. 143, Pages from 43 to 60 being No.7964 for the
year 1991.

14. By another Deed of Indenture made on 31 st day of May, 1991, the said 1)
Srimati Binapani Acharjya, wife of Late Brojendra Mohan Acharjya, 2)
Srimati Anurupa Acharyya, Wife of Late Anupam Acharjya, 3) Kumari
Anindita Acharjya, the then minor, 4) Kumari Aparajita Acharjya, the then
minor, 5) Anirban Acharya, the then minor all minors were daughters and
son respectively of Late Anupum Acharjya, sold transferred and conveyed
free from all encumbrances ALL THAT demarcated piece or parcel of land
measuring 2 (Two) Cottahs 2 (Two) Chittacks 30 (Thirty) Sq.ft comprising
with Mouza Khas Mallick, Pargana Madanmolla, Touzi No. 250, R.S.
No.190, J.L. No. 35, in R.S. Khatian No.
 656/1, Police Station – Baruipur, District South 24 Parganas, Sub-
Registrar of Baruipur to Smt. Dipti Dutta, the Owner No.1 hereinabove,
Wife of Mr. Siddharth Narayan Dutta, at and for valuable consideration
as mentioned in the said of Indenture. The said Deed of Indenture was
registered in the office of the Sub-Registrar at Alipore and recorded in
Book No.I, Volume No. 143, Pages from 25 to 42, being No.7963 for the
year 1991.

15. Due permission was obtained from the Learned District Judge, Alipore in
respect of sale of minor’s property.

16. By virtue of the aforesaid two Deed of Sale, the said Dipti Dutta have
become the Owner of total area of land measuring 05 Cottahs 03
Chittacks 08 Sq.ft.

17. The said 1) Anirban Acharya, 2) Anindita Acharjya, 3) Aparajita Acharjya

duly attained their age of majority.

18. The name of 1) Srimati Binapani Acharjya, 2) Srimati Anurupa Acharyya,

3) Anirban Acharya, 4) Anindita Acharjya, 5) Aparajita Acharjya have duly
recorded in L.R.R.O.R. under L.R. kri khatian No. 317/2, 107/2, 99/1,
99/3, 99/2 respectively of Mouza – Khasmullick, J.L. No. 35, Police
Station – Baruipur, District South 24 Paraganas.

19. The said Binapani Acharjya died intestate leaving behind her daughter in
law Smt. Anurupa Acharyya, Wife of his deceased son Late Anupum
Acharjya (who died on 27 th February’ 1979) , grand son Sri Anirban
Acharya and two grand daughters namely Smt. Anindita Singha
(Acharjya) and Smt. Aparajita Banerjee (Acharjya) as her legal heirs and
successors in respect to the estate left by her the undivided share of
property belonged to Binapani Acharjya since deceased duly devolved
upon Smt. Anurupa Acharyya, Sri Anirban Acharya Smt. Aparajita
Banerjee (Acharjya) under the provisions of Hindu Succession Act, 1956.

20. By a Deed of Gift made on 27 th day of June, 2012 registered with the
office of the Additional District Sub-Registrar at Baruipur and recorded in
Book No. I, Volume No. 21, pages from 3709 to 3722 being No. 06830 for
the year 2012, the said Anindita Acharjya (Singha) and Aparajita Acharjya
(Banerjee) gifted transferred and conveyed in favour of Anurupa Acharyya
and Anirban Acharya, their mother and brother respectively in
consideration natural love affection comprising with ALL THAT piece and
parcels of land measuring 10 (Ten) Cottahs or more or less 16.50
decimals out of undivided 25 Cottahs out of 49.50 decimals out of 99
decimals together with all easements rights, title, interest in recorded
R.S. and L.R. Dag No. 223, under L.R. Kri Khatian No. 107/2, 99/1,
99/3, 99/2, 317/2, of Mouza – Khasmallick, J.L. No. 35, under
Hariharpur Gram Panchayat, Police Station – Baruipur, District – South
24 Paraganas.

21. The said two sisters namely SMT. ANURUPA ACHARYYA and ANINDITA
SINHA (ACHARJYA) affirmed an affidavit before the Learned Judicial
Magistrate at Alipore, declaring that they have no objection in the
matter of development of the First Schedule land and presently Dipti
Dutta, Smt. Anurupa Acharyya and Anirban Acharyya are the joint
owners of total area of land measuring 25 Cottahs 03 Chittacks 08
Sq.ft.

22. The abovenamed owners are jointly seized and possessed of sufficiently
entitled to ALL THAT piece and parcels of land measuring 25 (Twenty
five) Cotthahs 3(Three) Chittacks and 8(eight) sq.ft. more or less out of
 which 5 ( five) Cotthahs 3(Three) Chittacks and 8(eight) sq.ft. more or
less land is belonged to Land-Owner No.1 Dipti Dutta and ALL THAT piece
and parcels of land measuring about 20 (Twenty) Cottahs more or less is
belong-ed to Land-Owner No, 2 and 2A SMT. ANURUPA ACHARYYA and
SRI ANIRBAN ACHARYA together with all easements rights, title, interest
in recorded R.S. and L.R. Dag No. 223, under L.R. Khatian No.1250
(Owner No.1 Dipti Dutta) and under L.R. Kri Khatian No. 107/2, 99/1,
99/3, 99/2, 317/2,(Owner No.2 and 2A SMT. ANURUPA ACHARYYA
and SRI ANIRBAN ACHARYA ) of Mouza – Khasmallick, J.L. No. 35, under
Hariharpur Gram Panchayat, Police Station – Baruipur, District – South
24 Paraganas and have been possessing and enjoying the said property free from
all encumbrances by paying tax to the Competent Authority and in the office of
the Settlement records of right in their own name.

23. The Owners have decided to make construction of a multi-storied

Building by appointing Developer for better utilization of the property
measuring about 25 (Twenty five) Cotthahs 3(Three) Chittacks and
8(eight) sq.ft. more or less out of which 5 (five) Cotthahs 3(Three)
Chittacks and 8(eight) sq.ft. more or less land is belonged to Land-Owner
No.1 Dipti Dutta and the land measuring about 20 (Twenty) Cottahs more
or less is belonged to Land-Owner No, 2 and 2A SMT. ANURUPA ACHARYYA
and SRI ANIRBAN ACHARYA mentioned in the First Schedule below and
were in search for a suitable Developer and

23A. The land measuring 25 (Twenty five) Cotthahs 3(Three) Chittacks and 8(eight) sq.ft.in
L.R. Dag No. 223 is the land belonging to the Development Project only.

24. The said Dipti Dutta, the Owner/Vendor No.1 hereinabove had entered
and Agreement for Development with Mayfair Villa Private Limited having
its registered office at 31, Shakespeare Sarani, Jasmine Tower, 6 th Floor,
Police Station – Shakespeare Sarani, Kolkata – 700 017 represented
therein by its two Directors Mr. Rahul Gupta and Mr. Gaurab Gupta,
both Sons of Mr. Shishir Kumar Gupta with the terms and condition as
mentioned in the said Development Agreement. The said Development
Agreement was registered in the office of the District Sub-Registrar –IV at
Alipore and recorded in Book No.I, CD Volume No.32, Pages from 2320 to
2356 being No.09145 for the year 2012.

25. In pursuance to the said Development Agreement the said Dipti Dutta
had executed a Power of Attorney in favour of said Mayfair Villa Private
Limited conferred all the Powers as embodied therein. The said Power of
Attorney was registered in the office of the District Sub-Registrar –IV at
Alipore , South 24 Paraganas and recorded in Book No.I, CD Volume
No.32, Pages from 2357 to 2370 being No.09146 for the year 2012.

26. The said Smt. Anurupa Acharyya and Sri Anirban Acharya, the
abovenamed Landowner No. 2 and 2A have entered and Agreement for
Development with Mayfair Villa Private Limited having its registered office
at 31, Shakespeare Sarani, Jasmine Tower, 6 th Floor, Police Station –
Shakespeare Sarani, Kolkata – 700 017 represented therein by its two
Directors Mr. Rahul Gupta and Mr. Gaurab Gupta, both Sons of Mr.
Shishir Kumar Gupta with the terms and condition as mentioned in the
said Development Agreement. The said Development Agreement was
registered in the office of the District Sub-Registrar –IV at Alipore and
recorded in Book No.I, CD Volume No.32, Pages from 2121 to 2157 being
No.09143 for the year 2012.

27. In pursuance to the said Development Agreement, the said Smt. Anurupa
Acharyya and Sri Anirban Acharya, had executed a Power of Attorney in
favour of said Mayfair Villa Private Limited conferred all the Powers as
 embodied therein. The said Power of Attorney was registered in the office
of the District Sub-Registrar –IV at Alipore , South 24 Paraganas and
recorded in Book No.I, CD Volume No.32, Pages from 2436 to 2449 being
No.09144 for the year 2012.

28. Mayfair Villa Private Limited being the Constituted Attorney of the
abovenamed Landowner Nos. 1, 2 and 2A for submitted a Building Plan
with the Competent Authority for construction of a multi storied building
upon the property comprising with an area of 25 Cottahs 3 Chittacks 8
Sq.ft. and the said Building Plan was duly sanctioned by the Competent
Authority vide No. 302/342/KMDA dated 11.02.2014.

29. Due to mutual understanding and settlement, all the abovenamed

Owners and Mayfair Villa Private Limited are decided to cancel their
respective Development Agreement on mutual consent whereby each
parties would waive and/or relinquish their respective right, title,
interest, claim and demand as arisen from the said Development
Agreement.

30. By a Deed of Cancellation of Development Agreement executed on 14 th

day of, July 2016 the Development Agreement dated 21 st day of
November, 2012 entered and executed between Smt. Dipti Dutta and
Mayfair Villa Private Limited has been cancelled, rescinded and/or
withdrawn with all effect. The said Deed of Cancellation of Development
Agreement was registered in the office of the District Sub-Registrar –IV at
Alipore, South 24 Paraganas and recorded in Book No.I, CD Volume No
1604-2016 Pages from 123551 to 123567 being No 160404569 for the
year 2016.

31. Accordingly said owner Dipti Dutta have revoked the Power of Attorney
dated 21 st day of November, 2012 which was given in favour of Mayfair Villa
Private Limited duly registered with the office of the District Sub- Registrar-
IV at Alipore, South 24 Paraganas and recorded was Book No.I, CD Volume
No.32 Pages from 2357 to 2370 being No.09146 for the year 2012 and also
completely revoked all Powers or Authority thereby and thereunder given by
them either expressly or impliedly, to all intents and purposes provided that
nothing herein contained shall rendered invalid or ineffective any act, deed
or thing lawfully or bonafidely done or caused to be done by the said
Attorney under and by virtue of the power given to them before the
revocation thereof. The said Revocation of Power of Attorney was registered
in the office of District Sub-Registrar-IV at Alipore, South 24 Paraganas and
recorded was Book No.I, CD Volume No.1604-2016 Pages from 7633 to 7647
being No.160400362 for the year 2016.

32. By a Deed of Cancellation of Development Agreement executed on 14 th

day of July, 2016 the Development Agreement dated 21 st
day of
November, 2012 entered and executed between Smt. Anurupa Acharyya
and Sri Anirban Acharya and Mayfair Villa Private Limited has been
cancelled, rescinded and/or withdrawn with all effect. The said Deed of
Cancellation of Development Agreement was registered in the office of the
District Sub-Registrar –IV at Alipore, South 24 Paraganas and recorded
in Book No. I, CD Volume No 1604-2016 Pages from 123362 to 123379
being No 160404568 for the year 2016.

33. Accordingly said owners Smt. Anurupa Acharyya and Sri Anirban
Acharya have revoked the Power of Attorney dated 21 st day of November,
2012 which was given in favour of Mayfair Villa Private Limited duly
registered with the office of the District Sub-Registrar-IV at Alipore,
 South 24 Paraganas and recorded was Book No.I, CD Volume No.32 Pages
from 2436 to 2449 being No.09144 for the year 2012 and also completely
revoked all Powers or Authority thereby and thereunder given by them
either expressly or impliedly, to all intents and purposes provided that
nothing herein contained shall rendered invalid or ineffective any act,
deed or thing lawfully or bonafidely done or caused to be done by the said
Attorney under and by virtue of the power given to them before the
revocation thereof. The said Revocation of Power of Attorney was
registered in the office of District Sub-Registrar-IV at Alipore, South 24
Paraganas and recorded was Book No.I, CD Volume No 1604-2016 Pages
from 7648 to 7662 being No 160400361 for the year 2016.

34. The Owners have approached the abovenamed Developer for making
construction of a multi-storied building in pursuance to the building plan
duly sanctioned by the Competent Authority vide No. 302/342/KMDA dated
11.02.2014 in consideration of 30% built up area of the proposed newly
constructed building in full and final settlement only as the total
consideration in exchange of the said Property and the Developer will get
the entire balance area.

35. Relying upon the respective representations of the Owners, and

subsequent to joint meetings and discussions, the terms, conditions,
considerations and stipulations that have been mutually agreed, accepted
and covenanted between the Owner, therein also described as the Owner
and the Developer, therein also described as the Developer, hereto entered
into an Agreement on 15 th Day of July, 2016 (hereinafter referred to as
the said Development Agreement”) and the said Development Agreement
was registered in the office of District Sub-Registrar-IV at Alipore, South
24 Paraganas and recorded in Book No. I, CD Volume No. 1604-2016, Page
No. 126029 to 126100, being Deed No. 160404622 for the year 2016.

36. In terms of the said Development Agreement, the said Owners

appointed the Developer for developing the said premises upon
constructing new buildings thereon in terms of the sanctioned plan, on
the terms and conditions recorded thereunder and further the Owner
empowered the Developer to carry out such development effectively and to
sell the covered areas and/or saleable areas of the Developer’s Allocation
to the prospective Purchaser of the units and/or flats and to receive and
appropriate the process and/or consideration thereof on account of the
Developer more particularly described in the said Development agreement
dated 15 th Day of July, 2016.

37. In terms of the said Development Agreement, said Owners granted a

power of attorney in favour of MR. BIKRAM KUMAR SARAF ( PAN
AVRPS 6829 B) on 28 th Day of July, 2016 and the said power of attorney
was registered in the office of District Sub-Registrar-IV at Alipore,
South 24 Paraganas and recorded in Book No. I, CD Volume No. 1604-
2016, pages 133177 to 133197 being No. 160404923 for the year 2016
(hereinafter referred to as the ` power of attorney granted by the
Owners’).

38. After the said Development Agreement, the Developer herein has caused
a Building Plan sanctioned by the Competent Authority vide No.
REVISED 477/ 607/ KMDA dated 17/05/2017 (hereinafter referred to
as the said PLAN ).

39. In pursuance of the said Development Agreement, the Developer, the

Confirming Party herein has commenced constructed of multistoried
buildings consisting of several self contained Units/commercial
space/Constructed portions capable of being held and/ or enjoyed
 independently (hereinafter called the SAID BUILDING) as per the said
Plan .

40. In terms of the said Development Agreement read with the

supplementary agreement recording the demarcation of the respective
Allocation (both owner’s and Developer’s allocation) coupled with the
registered Power of Attorney granted by the Owners, the Developer is
entitled to the constructed area and other areas in the said multi
storied building, being the Developer’s Allocation.

41. The Developer entered into agreements with various prospective

Purchasers including the present purchaser for the purpose of
constructing, erecting and completing their respective
offices/Units/commercial space together with common parts,
facilities and amenities, out of the Developer’s Allocation.

42. Out of the consideration paid under the agreements entered into
between the Developer and the prospective Purchasers, including
the Purchaser herein a part of the consideration amount was
agreed to be appropriated towards reimbursement of the amount
to be paid by the Purchaser to the Vendor in terms of the said
Development Agreement for acquiring undivided proportionate
share or interest of the Vendor in the said Land together with
share in the common parts and facilities and the other part was
agreed to be treated as costs of construction and completion of
the said building.

43. By an Agreement entered into on ................. between the Confirming

Party herein and therein referred to as the Developer and the
Purchaser, therein also referred to as the Purchaser of the Second
Part (hereinafter called the SAID AGREEMENT FOR SALE) the said
Developer has agreed to construct, erect and complete and to sell and
transfer ALL THAT the Residential Flat being No. ............. on the
............. Floor, measuring an area
.............. Sq.ft. (Super Built up area) together with one Medium
size Car Parking Space measuring ............... Sq.ft. (Super Built
up area) on the Ground Floor Open/covered space of the new
building at the Said Premises morefully described in the First
Schedule hereunder written, together with the proportionate,
undivided, impartible share in the land and on the common areas,
facilities and amenities in the Building (more fully and
particularly described in the SECOND SCHEDULE hereunder
written and hereinafter for the sake of brevity referred to as the
SAID UNIT) as shown in the Sketch Plan annexed hereto
delineated and marked with Red Borders to the Purchaser herein for
a total consideration of Rs............................................/- (Rupees
........................................................................................only)
together with other expenses hereinafter written and on such
terms and conditions as morefully mentioned therein and
hereinafter appearing.

44. This deed of conveyance shall be deemed to have commenced on and

with effect from the dated of execution of this presents (hereinafter
referred to as the Commencement date).
45. Prior to the execution and registration of the Deed of Conveyance,
the Owners herein assure, represent and confirm that -

(i) Vendors/Owners are the joint owners of the First Schedule

Property.

(ii) The present Owners further confirm that save and except
them, no one can claim any right title interest in the First
Schedule Property.

(iii) That there is no legal bar or impediment in the

Owners/Vendors transferring and selling the said proportionate
share of Land in favour of the purchaser herein.

(iv) In terms of the said Development Agreement read with the

supplementary agreement recording the demarcation of the
respective Allocation (both owner’s and Developer’s allocation)
coupled with the Power of Attorney, the Developer is absolutely
entitled to the Developer’s Allocation.

(v) That the recitals of title mentioned hereinbefore are true

and factual and the Vendors have not suppressed any facts relating
to the title of the said Premises and there are no other incidents
relating to the said Premises other than those that are recited
hereinabove.

46. Prior to the execution and registration of the Deed of

Conveyance, the Purchaser assures, represents and confirms
that -

(i) The Purchaser has inspected the title of the Seller in respect
of the Premises searched through the documents and satisfied
thereof;

(ii) The Purchaser has inspected the building Plan duly

sanctioned by the Competent Authority .

(iii) The Purchaser has also satisfied as to the measurement/area

of the SAID UNIT and has agreed not to challenge or dispute the
same in any manner whatsoever.

(iv) The Purchaser has agreed not to raise any objection

regarding Title of the said premises and the Developer shall be
entitled to modify or alter the said Plan and/or submit revised
Plan in respect of the said building except the said Unit to which
the Purchaser hereby consented and agreed.

(v) The Purchaser has fully satisfied with the materials used
and the construction work regarding the Building and the said
UNIT and the purchaser has no objection regarding the same and
fully satisfied with the same.
FF. The Developer represented that ---

(i) The Developer has constructed and completed the said Unit
as per the specification mentioned in the said Agreement for sale.

(ii) Developer has full right and absolute authority to execute

this Conveyance and to deal with the said Unit.

(iii) That the said Unit is free from all encumbrances of every
nature and kind including, but not limited to, lis pendens,
attachments, liens, charges, mortgages, trusts, debutters,
leases, tenancies, thika tenancies, reversionary rights, residuary
rights, claims or statutory prohibitions.

GG. That the undivided share in the land shall be the land only underneath the
building and such undivided share shall be determined by the Developer
in its absolute discretion and shall always remain impartible.

HH. That the right of the Purchaser shall remain restricted to the said
UNIT only and shall have no right nor shall claim any right over
and in respect of other Units and/or other spaces both open and
covered space.

II. The said Building has been completed with such materials and
specifications such specifications recommended by the Architect
and in no event the Purchaser shall be entitled to claim any
damages or make any claims on any account regarding the quality
of materials and specification and the Buyer hereby consents to the
same.

JJ. That Both the Developer and the Owners have agreed to transfer the
said UNIT in favour of the Purchaser.

KK. In pursuance of the said Agreement for Sale, the Purchaser herein from
time to time made payment of the full consideration money agreed to be
paid by the Purchaser to the DEVELOPER and the Developer has
constructed erected and completed the said unit for and on behalf of and
on account of the Purchaser.

LL. The Purchaser has now called upon the Vendor and the Developer
to convey and transfer to the Purchaser the said UNIT together
with proportionate, undivided, impartible share or interest of the
Vendor in the land upon which the said building is constructed
together with the proportionate share in the common areas, parts
and facilities for consideration of a sum of Rs.........................../-
(Rupees .................................................................................
only) being the amount paid by the Purchaser to the Developer in terms
of the said Agreement for Sale.
NOW THIS INDENTURE WITNESSETH that in pursuance of the
Agreement and in consideration of the sum of Rs........................./-
(Rupees ................................................................................. only) being the
amount paid by the Purchaser to the Developer/ Confirming Party
herein in terms of the said Agreement for sale and appropriated in the
manner stated hereinabove (the receipt whereof the Confirming Party
doth hereby admit and acknowledge and the Vendor and the Confirming
Party doth hereby acquit release and discharge the said Unit together
with proportionate, undivided, impartible share in the said land upon
which the said building is constructed together with proportionate
share in the common areas, parts and facilities in the said premises) the
Vendor doth hereby grant transfer sell convey assign and assure unto
and to the use and benefit of the Purchaser ALL THAT the Residential
Flat being No. ............. on the .............
Floor, measuring an area .............. Sq.ft. (Super Built up area)
together with one Medium size Car Parking Space measuring
............... Sq.ft. (Super Built up area) on the Ground Floor
Open/covered space of the new building at the Said Premises
morefully described in the First Schedule hereunder written, together
with the proportionate, undivided, impartible share in the land and on
the common areas, facilities and amenities in the Building (more fully
and particularly described in the SECOND SCHEDULE hereunder
written and hereinafter for the sake of brevity referred to as the SAID
UNIT) Together with rights of user and enjoyment in common with the
other Co-owners of the common parts, the common amenities and the
common conveniences in the said Building more fully and particularly
described in the Third Schedule hereunder written AND TO HAVE
AND HOLD The same unto the Purchaser absolutely and forever free
from all encumbrances trusts liens lis pendens and attachment
whatsoever SUBJECT NEVERTHLESS to the easement or quasi-
easements and other stipulations and provisions in connection with
the beneficial use and enjoyment of the said Unit and the
proportionate, undivided, impartible share in the said land and other
rights appurtenant thereto as set out in the THIRD SCHEDULE hereto
and subject to such restrictions contained in the FOURTH SCHEDULE
hereunder written and subject to payment of such common expenses
mentioned in the FIFTH SCHEDULE hereunder written AND THAT the
Vendor, and the Developer do hereby relinquish and disclaim all their
respective right title interest into or upon the said Unit and
proportionate, undivided, impartible share in the said land in favour
of the Purchaser herein.

II. THE VENDORS AND DEVELOPER/ CONFIRMING PARTY, DO

HEREBY COVENANT WITH THE PURCHASER as follows:

a) The interest which the Vendor and the Developer hereby profess
as to transfer subsists and that they have good right full power and
absolute authority and indefeasible title to grant convey transfer and
assure the said Unit hereby granted conveyed transferred assigned
and assured unto the Purchaser in the manner aforesaid.

b) It shall be lawful for the Purchaser from time to time and at all
times hereafter to enter into and upon and hold and enjoy the said
flat / Unit and to receive the rents issues and profits thereof without
any interruption hindrance claim or demand or disturbance
whatsoever from or by the Vendor and the Developer or any person or
persons claiming through under or in trust for them.
 c) The said Unit is freed and discharged from and against all
manner of encumbrances whatsoever and the vacant possession
shall be handed over to the Purchaser subject to payment of full
consideration amount and other dues by the Purchaser.

d) The Vendor and the Developer shall from time to time and at all
material times hereafter upon every reasonable request and at the
cost of the Purchaser make do acknowledge execute and perform all
such further and other lawful and reasonable acts deeds conveyances
matters and things whatsoever for better or more perfectly acquiring
the said Unit unto the Purchaser in the manner aforesaid as shall or
may be reasonably required.

e) The Vendor and the Developer as the case may be shall unless
prevented by fire or some other inevitable accident from time to time
and at all materials time hereafter upon every reasonable request and
at the cost of the Purchaser produce or cause to be produced to the
Purchaser or through Attorney or agents at any trial commission
examination or otherwise as occasion shall require all or any of the
deeds documents and writings in respect of the said property AND
ALSO shall at the like request deliver to the Purchaser such attested
or other copies or extracts of and from the said deeds and writings or
any of them as the Purchaser may require and will in the mean time
unless prevented as aforesaid keep the said deeds and writings safe
unobliterated and uncancelled.

III. AND THE PURCHASER DOTH HEREBY COVENANT WITH

THE VENDOR AND THE DEVELOPER/CONFIRMING PARTY as
follows:

1. The Purchaser so as to bind the owner for the time being of the
said Unit and so that this covenant be for the benefit of the said building
and other flats therein and every part thereof hereby covenants with
the Vendor and owners of other flats comprised in the said building that
the Purchaser and all other person deriving title under these presents
will at all times hereinafter observe the restrictions set forth in the
FOURTH SCHEDULE hereto.

2. On and from the date hereof, the Purchaser shall at all

materials times hereafter regularly and punctually make payment
of all Taxes, rates, impositions, levies and all other outgoing
whatsoever including water taxes presently payable or which may
hereafter become payable or be imposed in respect of the said
Unit.

3. To keep the said Unit and other partly walls, sewers, drains,
pipes cables wires and in particularly without prejudice to the
generality of the foregoing so as to shelter support and protect the
parts of the building other than the said flat/Unit.

4. That the Purchaser covenants with the vendor/developer that

she/he shall abide with all terms and conditions of the
development/sale agreement for effective maintenance/
development/construction of the aforesaid building at the said
premises and shall at all times extend his cooperation to the
vendor/developer and maintenance-In-Charge namely
_______________
5. The Purchaser shall keep the vendor/confirming party/other co-
owners indemnified against all losses and damages which they may
suffer or incur due to any act done committed by the Purchaser.

6. The Purchaser shall not do any act, things, deeds or decline to

take any step whereby right of the vendor and/or other
occupiers/Purchasers of the owner portions of the said land/unit
may be prejudiced.

7. That the Purchaser shall not only pay for her own share of rate,
taxes and imposition/maintenance charges but also pay rates/tax
charges in respect of common portions as well as the undivided
undivisible proportionate share in the said land including proportionate
lease rent payable to the PWD Department.

8. That the Purchaser is fully satisfied about the workmanship and

the quality of the construction of the said unit as well as installation of
additional fittings and fixtures and or the facilities provided in the said
unit and the building by the developer and doth hereby covenants that
they shall not raise any objection in respect thereof or in respect of the
payment of any sums thereof.

9. That it is further confirmed that the Purchaser will have

common right in the roof above 7 th Floor and not any other roof.

10. That the Purchaser will have right on the roof above 7th Floor only
(in front of Community Hall).

11. The Purchaser will be liable to pay maintenance charges @

Rs............../- per Sq.ft. and shall pay in advance the said maintenance
charges for 14 months in advance in respect of the said Unit, to the
Developer or ____________., a company nominated by the Developer as
Maintenance-in-charge. It is further agreed that every year the
maintenance charges shall be reviewed and if necessary the same will be
increased.

12. That all Taxes shall be payable by the Purchaser from the day of
having her possession of the said UNIT.

13. The full costs charges and expenses for making any additions or
alterations and/or changing at the request of the Purchaser any
specification with regard to construction of the said Unit and/or for
providing at the request of the Purchaser any additional facility and/or
utility in or relating to the said Unit shall borne by the purchaser. It is
further clarified that if by reason of such additional work any delay is
caused in completion of construction of the said unit and/or the
common areas and installations ultimately resulting in delay in the
delivery of possession of the said Unit to the Purchaser, the Developer
shall not be liable for any interest damage compensation etc. that may
be suffered by the Purchaser thereby.
14. EXTRAS AND DEPOSITS: In addition to the consideration
payable by the Purchaser to the Developer as stated
hereinabove, the Purchaser shall also pay to the Developer:

(i) the proportionate costs, charges, expenses for procuring

electricity connection in the Building (including for wiring,
cabling, etc.,) from the WBSEDCL Limited.

(ii) the proportionate amount of Security Deposit and other

costs payable to the WBSEDCL Ltd., for the electric meters
for maintenance running and operating any of the Common
Areas and Installations.

(iii) the proportionate costs, charges and expenses for purchase

and installation of the Generator with its equipments and
accessories and providing for supply of power of maximum
700 Watts for an area of 1000 Sq.ft. during WBSEDCL
power failure.

iv) Proportionate costs charges and expenses for formation of the

Association.

v) Betterment fees, development charges and other levies taxes duties

and statutory liabilities that may be charged on the said premises
or the said Unit or on its transfer or construction in terms hereof
partially or wholly, as the case may be.

vi) Proportionate annual lease rent payable to the PWD Department.

vii) All stamp fees, registration fees and allied expenses on execution
and registration of this agreement and of the sale deed or deeds
and other documents to be executed and/or registered in
pursuance hereof.

viii) Sinking fund and such other expenses as are necessary or

incidental for the maintenance and upkeep of the Building as may
be determined by the Developer in its absolute discretion.

ix) Sales Tax, if applicable, and/or Service Tax on construction or

transfer of the said Unit.

15. It is further expressly agreed and made clear that the payments
and deposits to be made by the Purchaser hereunder shall not carry
any interest.

16. That in future if the Central Govt. of India or Govt. of West

Bengal shall impose any income tax upon the Govt. valuation in
respect of the said flat which is fixed by the competent Registry office
to the Owners and the Developer then the Purchaser shall be liable to
pay the said extra taxable amount to the Owners and the Developer if
required.
17. MANAGEMENT, MAINTENANCE AND COMMON ENJOYMENT : As
from the date of possession, the Purchaser covenants:
(a) To co-operate with the Developer and/or _______________., the
maintenance –in-Charge in the management and maintenance of
the new building and/or the premises and formation of the
association.
(b) To observe the rules framed from time to time by the Developer
and/or ______________., the maintenance –in-Charge for the
common purposes.

(c) To allow the Developer/ _____________. Ltd., the maintenance – in-

Charge and its workmen to enter into the said unit for completion
and for the common purposes;

(d) To pay and bear the common expenses in respect of the new
building and/or the premises proportionately and the said unit
wholly.

(e) To deposit the amounts reasonably required by the Developer

and/or ________________, the maintenance –in-Charge towards
the Purchasers’ liability for the rates, taxes and other
outgoings.

(f) To pay for electricity and other utilities consumed in or relating to

the said unit;

(g) To use the said unit for residential purposes;

(h) Not to put any article including name-plate and letter box SAVE at
the place approved or provided by the Developer and/or
__________________, the maintenance –in-Charge; and

(i) Not to use the Common Areas and Installations for bathing or
other undesirable purposes or such purpose which may cause
any nuisance or annoyance to the other Co-owners.

(j) To maintain at his own costs, the said Unit in the same good
condition state and order in which it be delivered to him and
abide by all laws bye-laws rules regulations and restrictions of
the Government, Panchayat, WBSEB, Fire Department,
Authorized Officer under the West Bengal (Regulation of
Promotion of Construction and Transfer by Promoters) Act,
1993, The Officer under the West Bengal Building Tax Act, 1996
and/or any statutory authority and/or local bodies as regards
user and maintenance of the Building and to make such
additions and alterations in or about or relating to the said Unit
and/or the said Building as be required to be carried out by
them or any of them, independently or in common with
the other Co-owners as the case may be without
 holding the Developer or any of them in any manner
liable or responsible therefor and to pay all costs and expenses
therefor wholly or proportionately as the case may be and to be
answerable and responsible for all deviation or violation of any
of the conditions or rules or bye-laws and to observe and
perform all terms and conditions contained herein.

(k) To apply for and obtain at his own costs separate assessment
and mutation of the said Unit in the records of the concerned
Panchayat.

(l) To sign and deliver to the Developer all papers applications and
documents for obtaining separate electric meter or electricity
connection for and in respect of the said Unit from the WBSEDCL
in the name of the Purchaser. Until separate electric meter in
respect of the said Unit be obtained, the Developer shall provide
or cause to be provided reasonable quantum of electricity from the
sources of the Developer and install at the cost of the Purchaser an
electric sub-meter in or for the said Unit and the Purchaser shall
pay all charges for electricity consumed in or relating to the said
Unit.

(m) unless the right of parking motor car is expressly granted and
mentioned in the SECOND SCHEDULE hereunder written, the
Purchaser shall not park or allow or permit to be parked by
his employees agents visitors guests customers etc. any motor
car, two wheeler vehicle or any other vehicle at any place in
the said premises (including at the open space surrounding
the Building) AND if the right to park car is so expressly
granted and mentioned in the within stated SECOND
SCHEDULE the Purchaser shall use only the Car Parking
Space so granted and that too only for the purpose of parking of
his medium sized motor car without obstructing ingress and
egress of other Cars of the Co-owners.

(n) To bear and pay and discharge the following expenses and
outgoings: -
(i) Panchayat rates and taxes and water tax, if any,
assessed on or in respect of the said Unit directly to the
concerned Panchayat Provided That so long as the said
Unit is not assessed separately for the purpose of such
rates and taxes, the Purchaser shall pay to the Developer
the proportionate share of all such rates and taxes
assessed on the said premises.

(ii) All other taxes impositions levies cess and outgoings

(including Building Tax under the West Bengal
Building Tax Act, 1996, if payable) whether existing
or as may be imposed or levied at any time in future
on or in respect of the said Unit or the Building or the
said premises and whether demanded from or payable
by the Purchaser or the Developer or any of them and
the same shall be paid by the Purchaser wholly in
 case the same relates to the said Unit and
proportionately in case the same relates to the
Building or the said premises.

(iii) So long the Association is formed and/or start

maintaining the common area of the building, charges
for using enjoying and/or availing any other utility or
facility, if exclusively in or for the said Unit, wholly
and if in common with the other Co-owners,
proportionately to _______________, the maintenance –
in-Charge or the appropriate authorities as per the
direction of the Developer.

(iv) So long the Association is formed and/or start

maintaining the common area of the building, the
Purchaser shall pay proportionate share of all Common
Expenses (including those mentioned in
FIFTH SCHEDULE hereunder written) to
________________, the maintenance –in-Charge from
time to time.

(v) All penalty surcharge interest costs charges and

expenses arising out of any delay default or
negligence on the part of the Purchaser in payment of
all or any of the aforesaid rates taxes impositions
and/or outgoings proportionately or wholly as the
case may be;

(vi) To observe such other covenants as be deemed

reasonable by the Developer from time to time for the
Common Purposes.

(vii) Observe such other covenants as be deemed reasonable

by the Developer or the maintenance-in- charge and upon
formation of association by the association for the
common purposes;

(o) So long the Association is formed and/or start maintaining

the common area of the building, _____________, the
maintenance –in-Charge shall manage and maintain the new
building and the premises and the Purchaser shall pay to the
________________, the maintenance –in-Charge all common expenses
SUBJECT TO increase from time to time.

(p) The said payments and/or deposits for maintenance and other
such charges shall be made within 7 th (seven) day of month
for which the same be applicable, in case of monthly payments
and otherwise, within 8 (eight) days in favour of
________________, the maintenance –in-Charge.
 (q) All amounts to be deposited by the Purchaser in pursuance
hereof shall be interest free and shall be utilized only for the
purpose for which the same are made respectively SUBJECT
HOWEVER TO the other provisions hereof.

(r) If there is any breach or violation of the terms and conditions

by the Purchaser or her successors-in-title or interest or
assignee here above, the Developer shall be entitled to have
such sale and/or transfer cancelled and to recover possession
of the said unit forthwith.

18. Purchaser shall not raise any objection in the naming of the
building by the Developer and putting logo thereof in anywhere in the
building by the Developer.

IV. AND THE PARTIES DOTH HEREBY COVENANT WITH EACH

OTHER as follows :

ASSOCIATION :

1. The Developer shall form the Association and the unit holders
shall be made the members thereof with equal powers therein. in other
words, each unit shall represent one share, irrespective of the number
of persons owning it and irrespective of the same person owning more
than 1 (one) unit.

2. The Purchaser shall bear and pay the proportionate costs of

formation and expenses of the Association as mentioned hereinabove
and shall pay for acquiring and holding membership with proportionate
voting rights.
3. The name of the building shall be “IRed Nivriti” or such name as
may be decided by the Developer at its absolute discretion and the
Developer shall be entitled to display the said name through hoarding
and electronic display board at such place as may be decided by the
Developer and the Purchaser shall not raise any objection thereto. The
Developer shall maintain the said hoarding and its representatives shall
have clear access to the said hoarding.

V. RIGHTS RESERVED BY THE DEVELOPER

A. The following area shall be reserved by the Developer in its

absolute discretion:

(i) The space/room, over-head water tank and lift machine

room, a room below the machine room, toilet on the said
Roof and all open spaces of or in the said premises and
also the constructed space in the Ground Floor of the
Building, all construction above Seventh Floor (except
space in front of Community Hall) including Ultimate Roof
and all open and covered Car Parking Spaces shall be the
property of the Developer and the same shall not be
claimed by the Purchaser and shall belong to and remain
 the exclusive property of the Developer, and the Developer shall
have the full free and exclusive right:

(ii) To use the same in such manner and for such purpose as the
Developer may in their absolute discretion deems fit and
proper.

(iii) To make constructions, new constructions, additions

and/or alterations from time to time thereon or thereto or
therein or on any part thereof and to connect all common
facilities and utilities in or for the said Building to such
constructions and do all acts and things (including erecting
of scaffoldings and storing of building materials in the
Common Areas of the said premises) for such construction
additions alterations and connections as be deemed by the
Developer to be expedient for the same (notwithstanding
any temporary inconvenience to the Purchaser in using and
enjoyment of the said Unit).

(iv) To deal with, transfer, sell and/or part with possession of the
same in one or more lots and with or without any
constructions thereon or thereto to any person and on such
terms and conditions as the Developer in its absolute
discretion shall think fit and proper and appropriate the sale
proceeds arising thereby.

And the Purchaser hereby consents to the same and

agrees not to obstruct or hinder or raise any objection nor
to claim any right of whatsoever nature over and in respect
of the said areas and spaces belonging to the Developer
exclusively.

(v) The Purchaser shall have the right to use the Ultimate roof
of the Building in common with the Developer and all
persons expressly permitted by the Developer or any of
them.

B. In particular and without prejudice to the rights of the Developer

hereinbefore contained, it is also expressly agreed and recorded
as follows:-

(i) The Developer shall have the right to grant to any person
the exclusive right to park his car or scooter or two wheeler
or otherwise use and enjoy for any other purposes, the
open spaces at the ground level surrounding the Building
at the said premises and also the covered spaces in the
Ground Floor and Basement of the Building (including
Parking Spaces not expressly provided for to the Purchaser
under this Agreement) in such manner as the Developer
shall in their absolute discretion think fit and proper.

(ii) The Developer shall, notwithstanding anything to the contrary

elsewhere herein contained, fully entitled to enclose the open
spaces at the ground level surrounding the Building (save
and except the common driveway) and use or allow or transfer
the same to any person or persons at such consideration and
on such terms and conditions as
 the Developer may deem fit and proper and the Purchaser
shall not be entitled to raise any objection with regard
thereto and no consent of the Purchaser shall be required.

(iii) In the event the Developer make any further or additional

construction or additions or alterations, the proportionate
undivided share of the Purchaser in the land comprised in
the said premises as also in the Common Areas and
Installations shall stand reduced proportionately and for
that the Purchaser shall not claim any amount from the
Developer or any of them.

(iv) The proportionate share of the Purchaser in various matters

referred herein shall be such as may be determined by the
Developer and the Purchaser shall accept the same
notwithstanding there being minor variations therein for
the sake of convenience.

(v) The Purchaser individually or along with the other

Purchaser will not require the Developer or any of them to
contribute a proportionate share of the maintenance charges
of the units, which are not alienated or agreed to be
alienated by the Developer.

THE FIRST SCHEDULE ABOVE REFERRED TO :

(Description of the said Property/Premises)
(PROPERTY OWNED BY LAND OWNERS)

ALL THAT piece and parcels of land measuring 25 (Twenty five) Cotthahs
3(Three) Chittacks and 8(eight) sq.ft. more or less out of which 5 ( five)
Cotthahs 3(Three) Chittacks and 8(eight) sq.ft. more or less land is
belonged to Land-Owner No.1 Dipti Dutta and ALL THAT piece and parcels
of land measuring about 20 (Twenty) Cottahs more or less is belong-ed to
Land-Owner No, 2 and 2A SMT. ANURUPA ACHARYYA and SRI ANIRBAN
ACHARYA together with all easements rights, title, interest in recorded R.S.
and L.R. Dag No. 223, under L.R. Khatian No.1250 (Owner No.1 Dipti Dutta)
and under L.R. Kri Khatian No. 107/2, 99/1, 99/3, 99/2, 317/2,(Owner
No.2 and 2A SMT. ANURUPA ACHARYYA and SRI ANIRBAN ACHARYA ) of
Mouza – Khasmallick, J.L. No. 35, under Hariharpur Gram Panchayat,
Police Station – Baruipur, District – South 24 Paraganas together with
easement rights and quasi easement rights of adjoining common passage,
and butted and bounded as under:

ON THE NORTH : Appaswami Associates

ON THE SOUTH : Open land of Goutam Bagchi
ON THE EAST : Pond of Niva Das & Suken Das
ON THE WEST : Land & Building of Mantu Mondal

THE SECOND SCHEDULE ABOVE REFERRED TO:

(Unit)
ALL THAT the Flat in or portion of the Building being Unit No.
……….. containing an area of …………… Square feet (Saleable area) more or
less on the ……………… floor (as shown in the map annexed hereto duly
bordered in ‘RED’ thereon) in the Building known as “IRED NIVRITI”
TOGETHER WITH right to park one medium sized motor car at such
Open place in the premises as be expressly demarcated by the
Developer at or before the date of possession.

THE THIRD SCHEDULE ABOVE REFERRED TO:

PART-I
(Common Areas & Installations- common to the Co-owners)

1. Staircases, lobby and landings having windows with standard section

of wood and glass panes with staircover on the ultimate roof.
2. Electrical wiring and fittings and fixtures for lighting the staircases,
lobby and landings and operating the lift.
3. Electrical installations with main switches and meters and space
required therefor.
4. 4 passenger lift with all machinery accessories and equipment
(including lift machine room) and lift well for installing the same.
5. Water pump with electric motor.
6. Overhead water tank and underground water reservoir with
distribution pipes therefrom connecting to different units and from
the underground water reservoir to the over-head water tank.
7. Water waste and sewage evacuation pipes from all or any of the units to
drains and sewers common to the Building
8. Ultimate roof of building

PART-II
(Specifications for construction of the Building and Fittings and fixtures
to be provided in the Unit)

• Foundation: RCC strip footing with anti-termite treatment in

foundation.

• Structure: RCC framed structure with 10” and 8” masonry walls and
5” masonry partition walls.

• Walls & Ceiling:

- Internal : Brick wall with plaster of paris finish.

- External : Brick wall with surface texture / acrylic paints finish.

• Entrance: flush doors.

• Toilet: door’s.

• Fittings: Necessary lock and accessories will be provided on main

gate.

• Windows: Wood/Aluminum Sectional glass panel and locking

arrangement.

• Doors: C. P. Flush door shutter with locking arrangement.

• Floor Finish: Vitrified/ceramic Tiles finish inside all flats, staircase,

landings and floor lobbies, main lobby and lift facia.

• Sanitary:
- Toilets: Concealed plumbing with hot and cold water line; white
WC, cistern, wash basin with CP fittings.
- Kitchen: Raised cooking platform of granite; stainless steel sink;
glazed tile dado in white base.

• Water supply: Deep Tubwell / Municipal Water.

• Electrical: Concealed conduit wiring with copper conductors; AC plug
point in one bedroom and drawing room; Geyser point in toilet; exhaust
fan point in kitchen; light and fan points in all rooms; electric calling
bell point in entrance; TV and telephone outlet in drawing room;
electrical switches.

• Elevators: Semi-automatic lift of BHARAT brand or equivalent.

• Extra Facilities
(i) 24 hrs. Generator service.
(ii) 24 hrs. water supply.

Note: Subject to change without notice at the discretion of the Architects.

THE FOURTH SCHEDULE ABOVE REFERRED TO:

(Common Expenses)

1. MAINTENANCE : All costs and expenses for maintaining, white-

washing, painting, repainting, repairing, renovating and replacing the
Common Areas, machineries, equipments installations and
accessories for common services, utilities and facilities (including the
outer walls of the Building).

2. OPERATIONAL : All expenses for running and operating all

machineries, equipments, installations and accessories for common
facilities and utilities (including generator, lift, water pump with
motor etc.).

3. STAFF: The salaries of and all other expenses on the staff to be

employed for the Common Purposes (including bonus and other
emoluments and benefits).

4. ASSOCIATION : Establishment and all other expenses of the Association

(including its formation) and also similar expenses of the Developer or
any agency looking after the Common Purposes until handing over the
same to the Association.

5. TAXES: Municipal and other rates, taxes and levies and all other
outgoings in respect of the said premises (save those assessed
separately in respect of any Unit).

6. INSURANCE: Insurance premium for insurance of the Building for

insuring the said building against defect, earthquake, damage, fire,
lightning, mob, violence, civil commotion and any other risks, if
insured by the Developer.

7. COMMON UTILITIES: Expenses for serving/ supply of common

facilities and utilities and all charges incidental thereto.

8. RESERVES : Creation of funds for replacement, renovation and/ or

other periodic expenses.

9. OTHERS: All other expenses and/ or outgoings including litigation

expenses as are incurred by the Developer or its nominee and/ or the
Association for the Common Purposes.
 IN WITNESS WHEREOF the parties have hereunto set and subscribed their
respective hands and seals on the day, month and year first above written.

SIGNED, SEALED AND DELIVERED OWNERS above

named.
1.

SIGNATURE OF THE OWNERS

2.

SIGNED, SEALED AND

DELIVERED
Purchaser above named.
1.

SIGNATURE OF THE PURCHASER

2.

SIGNED, SEALED AND

DELIVERED
DEVELOPER above named.

SIGNATURE OF THE DEVELOPER